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November 23, 2017 by Julius Eras-Olabowu, (BigPen Online)
The Court of Appeal in Benin on Wednesday in a unanimous decision set aside the judgment of the Federal High Court, Asaba in an appeal brought against it by Messrs. Akiah Humphrey, Emma Ebo and Sunday Okenyi ordering the Independent National Electoral Commission, INEC to restore forthwith the Aniocha North II State Constituency of Delta State and conduct election within three months in Aniocha North Local Government Area of Delta State for the purpose of electing the member representing Aniocha North II State Constituency in the Delta State House of Assembly.
Hon. Justice Adumein who presided over the matter delivered judgment in favour of the appellant, stating that the appellants’ claims are meritorious and that INEC acted without legal justification in suppressing the constituency of the appellants.
The Court also noted that the restoration of the appellants’ constituency would aid in the fulfillment of the Constitution which requires that a State House of Assembly must be made up of at least three or four times the number of members of the House of Representatives from that State.
Justice Adumein further stated that Delta State has 10 members in the House of Representatives and should at least have 30 members in the House of Assembly as against the 29 members it currently has.
Habeeb Lawal, Esq, who represented the appellants informed the court that INEC ought not to have suppressed Aniocha North II State Constituency which was created by the National Electoral Commission in 1991 and which was duly represented by one late Hon. Chinakwe in the Delta State House of Assembly from January 1992 to November, 1993.
The Aniocha North II State Constituency comprises of Idumuje Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulub, Anioma and Ogodo Clans in Aniocha North Local Government Area of Delta
* Source: Bigpenngr.com